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2025 DAILYLAW 202156 (ALL)

ANAND PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/1877/2025 · 2025-10-16

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 1877 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. 2. This application has been filed with the following prayer:- "To quash the proceedings of Sessions Case No. 194 of 2024 arising out of Case Crime No. 267 of 2023 u/s 376(1), 504, 506 I.P.C. and 3/4 P.O.C.S.O. Act, Police Station- Itaunja, District- Lucknow." 3. In pursuance of earlier order dated 26.09.2025, the victim is present today. The victim states that she has entered into marriage with the applicant and she does not want to prosecute him. 4. Learned counsel for the applicant submits that as per the prosecution case, allegations are leveled by the victim regarding physical abuse on the pretext of marriage. Thereafter, the applicant denied to solemnize marriage with the victim, as a result, the impugned F.I.R. was lodged. The charge-sheet has been submitted by the Investigating Officer. It is further submitted that during the pendency of the trial, the victim and the applicant entered into marriage on 12.03.2024. The marriage was registered before Marriage Registrar on 26.04.2024. The victim is already examined before learned trial Court and she has not supported the Versus Counsel for Applicant(s) : Vinod Kumar Singh, Sadhana Yadav Counsel for Opposite Party(s) : G.A., Manoj Kumar Singh, Vinay Kumar Dubey Anand Prakash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) prosecution version by stating that as some quarrel was taken place between the applicant and her, due to which, she felt offended and went to the police station for lodging the F.I.R., but her complaint was not lodged, later on, on the legal advice, the impugned F.I.R. was lodged. It is lastly submitted that the victim and the applicant are enjoying their matrimonial life, hence, the trial in question is futile one. 5. Learned counsel for the complainant concedes the submissions of learned counsel for the applicant and submits that the proceedings against the applicant may be quashed. 6. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that the prosecution in question was initiated on the pretext of marriage. He submits that the record reveals that the applicant and the victim have solemnized marriage. 7. Considering the submissions of learned counsel for the parties and going through the statements of the victim recorded before the trial Court as well as other relevant material, it is undisputed fact that the applicant and the victim have solemnized marriage. The genesis of the prosecution in question was that promise to solemnize marriage with the victim was denied by the applicant and she was physically abused by him on the pretext of marriage. The victim has stated before this Court that she has solemnized marriage with the applicant and is enjoying her matrimonial life with him. Therefore, the trial in question is futile one. 8. With the above observations, the application is allowed. The impugned proceedings of Sessions Case No. 194 of 2024 arising out of Case Crime No. 267 of 2023 (supra) are hereby quashed. 9. Office is directed to communicate this order to the trial Court, forthwith. October 16, 2025 Arpan A482 No. 1877 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench